School can conceal student's psychological record

Southern Adventist University will not have to disclose psychological evaluation records of a former student who says she was raped by a fellow student in 2004, a judge ruled Monday.

Hamilton County Criminal Court Judge Rebecca Stern ruled that the woman's records would remain privileged and that the woman did not waive her counselor-client privilege by discussing the alleged assault in a YouTube video or speaking about it with the media.

The woman is not named in accordance with Chattanooga Times Free Press policy regarding alleged victims of sexual assault.

Southern Adventist's attorney, Lee Maddux, had filed a motion to keep the information confidential.

"The school is trying to protect the integrity of its records," Mr. Maddux said after the ruling.

In 2007, a Hamilton County grand jury indicted the woman's former boyfriend, Rajiv Gomer, on one count of felony rape. He now lives in Washington, D.C.

In the absence of physical evidence, authorities instead used a taped conversation between the accuser and Mr. Gomer, who allegedly forcibly sodomized her in an apartment on Jenkins Road.

Mr. Gomer's attorney, Kelli Black, argued Monday that because the woman broadcast public statements on the Internet and spoke to the Times Free Press about the incident, she waived her right to keep the records privileged.

"She has taken away any idea of confidentiality," Ms. Black said in court.

But Judge Stern ruled that the privilege was like that of an attorney and client and sustained Southern Adventist's motion to keep the records privileged. The ruling reflected only those records that dealt with Southern's licensed professional counselor.

The school did turn over other medical records the defense had requested and said it would allow Ms. Black and others to view its student handbook, also as requested.

Another hearing on motions will occur Nov. 9.